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Home My WebLink AboutCounty Council May 8 1990WHATCOM COUNTY COUNCIL REGULAR MEETING Tuesday, May 8, 1990 The meeting was called to order at 7 p.m. by Council Chairman Don Hansey. Present were: Absent: Dan Warner Bob Imhof Dennis Vander Yacht Marvin Vanderpol Marge Laidlaw Emily Jackson READING AND APPROVAL OF MINUTES OF THE APRIL 19 & 24 MEETINGS Minutes approved as presented. EXECUTIVE ITEMS 1. CONCURRENT APPOINTMENT OF ANNE ROSE TO THE BELLINGHAM /WHATCOM. COUNTY HOUSING AUTHORITY TO A FIRST FULL FIVE -YEAR TERM TO RUN FROM 4/19/90 TO 4/18/95 (REQUESTED BY CITY OF BELLINGHAM) (AB90 -157) Van Zanten explained this issue. WARNER MOVED THIS ITEM BE APPROVED. Motion carried unanimously. 2. DISCUSSION OF PROPOSED SALARY INCREASE FOR NON- UNION EMPLOYEES Van Zanten recommended a five percent raise for non -union employees other than the five already dealt with. Warner reported Finance recommended concurrence with this request. Imhof said the exempts should get the same as the union people. Vander Yacht and Jackson agreed with Imhof. Warner said that the union people are paid on a market par but the exempt people are not. The union people have tenure but non -union serve at the will of the employer, get no overtime and must stay until work is finished. Vanderpol said it may send a wrong message and we must take this into consideration. Jackson said we value both sets of employees Minutes, 5/8/90, Page 2 but she thinks the appearance of fairness must be maintained. WARNER MOVED THIS ITEM BE APPROVED. Motion carried with Imhof, Jackson and Vander Yacht against. 3. REQUEST FOR APPROVAL TO CONSTRUCT A "ROAD -END PARK" ON ALDERSON ROAD, AN UNDEVELOPED ROAD RIGHT -OF -WAY WITHIN SHORELINE JURISDICTION, TO PROVIDE PUBLIC ACCESS 4. REQUEST TO RELEASE RON MACE FROM A SPECIAL COVENANT REQUIRING CONSTRUCTION OF A RESTAURANT ON ALDERSON ROAD END RIGHT -OF -WAY Laidlaw explained that Mr. Mace would provide a road -end park on the Alderson Road and would maintain it. LAIDLAW MOVED BOTH REQUESTS BE APPROVED. Motion carried unanimously. 5. NEW APPLICATION FOR A CLASS EF LIQUOR LICENSE BY RICHARD ALAN GALANTI, JAMES DENNIS SINEGAL AND JOHN ROBERT OSTERHAUS FOR COSTCO WHOLESALE CORPORATION, 4299 GUIDE MERIDIAN, BELLINGHAM Vanderpol said Public Service recommended approval of this issue. VANDERPOL MOVED THIS APPLICATION BE APPROVED. Motion carried unanimously. 6. EXECUTIVE'S REPORT Van Zanten mentioned that Department of Ecology had approved the Solid Waste Plan for Whatcom County; ours is one of the first counties in the state to be approved. Van Zanten outlined the Solid Waste activity report and the 1990 Financial Report for the first quarter. Interest earnings, sales and use tax and forest board stumpage earnings have caused our good financial earnings, but Van Zanten warned that these could change at any time and could not be relied on to stay at current levels. She mentioned special revenue fund but these do not come into the general fund. Minutes, 5/8/90, Page 3 Warner asked about the public health fund? Van Zanten said because the County is doing well, it would clear the slate on this issue. OPEN SESSION Dwight Austin, 1838 Lakeside: Serious situation if things are changed. He explained a map showing how close the swimmers and the boaters are to each other on Lake Whatcom. It used to be 150 ft but it went to 300 ft. He said he heard there is a place on Lake Samish where it is inconvenient to have the limit more than 150 feet so the Sheriff is thinking of putting the limit back to 150 feet on all lakes. Hansey said Mount had held some public hearings and would be bringing in an ordinance to the Council on boating. Diana Cartwright, 4964 Noon Road: As a water skier, she feels the regulations as they stand are perfectly fine with her. -She lives within a quarter of a mile from the Puget Power proposed lines. She said she is part of NOPE and feels very strongly this is a totally unnecessary project. Can her children go to visit their Grandpa who has a petting zoo when he would live under the proposed power line. HEARINGS AND FINAL CONSIDERATION 1. ORDINANCE AMENDING COUNTY CODE SECTION 8.12, REVIS- ING THE FEE SCHEDULE FOR SOLID WASTE DISPOSAL AT COUNTY SOLID WASTE SITES Public hearing was opened. Hearing no comment, the hearing was closed. Warner reported for Finance. The only drop box operated by the Council is in Point Roberts; this needs to be changed as they are not getting a break now as they did at Cedarville so rate will have to increase. WARNER MOVED THE ORDINANCE BE ADOPTED. WARNER MOVED TO AMEND THE ORDINANCE TO CHANGE "PROOF OF RETIREMENT" TO "PROOF OF AGE" NEAR THE BOTTOM OF PAGE THREE. Motion to amend carried unanimously. Motion to adopt the amended ordinance carried unanimously. 2. PETITION FOR ROAD VACATION, ABUTTING BLOCK 27 PLAT OF WEST GENEVA, FILED BY EUGENE ALTMAN (CONTINUED FROM 4/24 AT PETITIONER'S REQUEST; PETITIONER REQUESTS A FURTHER EXTENSION TO MAY 22) Minutes, 5/8/90, Page 4 Continued Hearing. Vanderpol recommended approval of the petitioner's request to further extend this public hearing until May 22. Motion to extend to May 22 carried unanimously. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. ORDINANCE TO EXTEND THE DATE FOR COMMENCEMENT OF FORECLOSURE ACTION FOR ROAD IMPROVEMENT DISTRICTS Warner reported Finance recommended adoption. WARNER MOVED THIS ORDINANCE BE ADOPTED. Motion carried unanimously. 12. ORDINANCE TO REVISE THE 1990 CURRENT EXPENSE FUND, ASSESSOR'S APPROPRIATION FOR DATA ENTRY OF ZONING INFORMATION Warner reported Finance recommended adoption. WARNER MOVED THIS ORDINANCE BE ADOPTED. Motion carried unanimously. 3. ORDINANCE ADOPTING INTERIM EROSION AND SEDIMENTA- TION CONTROLS FOR LAKE WHATCOM WATERSHED, SAMISH LAKE WATERSHED AND OTHER CRITICAL SURFACE WATER- SHEDS OF THE COUNTY (AB90 -156) Laidlaw reported that Planning and Development recommended this be referred to the Planning Commission. 4. ORDINANCE AMENDING THE... ZONING ORDINANCE... TO REVISE PROCEDURES FOR TRANS- FERRING RESIDENTIAL DENSITIES, PROVIDE DENSITY BONUSES AS INCENTIVES FOR USING THE CLUSTER SUBDIVISION OPTION IN CERTAIN RESIDENTIAL ZONES AND PLACE FURTHER RESTRICTIONS ON FUTURE SUBDIVISION OF RESERVE TRACTS IN CLUSTER SUBDIVISIONS; AND CREATING A POINT ROBERTS SPECIAL DISTRICT OVERLAY ZONE (THE ORDINANCE BEGINS ON Minutes, 5/8/90, Page 5 PAGE 79) (AB90 -73) 5. ORDINANCE ADOPTING THE TEXT AND MAPS OF THE POINT ROBERTS SUBAREA COMP - REHENSIVE PLAN AND ADOPTING THE OFFICIAL... ZONING FOR THE POINT ROBERTS SUBAREA (PAPERWORK SAME AS FOR NUMBER 4) (THE ORDINANCE BEGINS ON PAGE 51) These items will not be discussed at this meeting. 6. RESOLUTION AUTHORIZING SALE OF COUNTY -OWNED PROPERTY THROUGH PUBLIC AUCTION (LAND NEAR CEDARVILLE, REQUEST BY COWDEN) (AB90 -105) Warner reported Finance recommended approval of this item. WARNER MOVED THIS ITEM BE APPROVED. Motion carried 6 -1 with Jackson against. OTHER BUSINESS 1. CONSIDERATION OF APPEAL OF HEARING EXAMINER'S DECISION ON CONDITIONAL USE 54 -88, FILED BY GREGORY MUMFORD (AB90 -88) WARNER MOVED TO OVERTURN THE HEARING EXAMINER'S DECISION DUE TO AN ERROR OF LAW. Findings of Fact will be drafted. Motion carried unanimously. 2. REQUEST TO ADOPT RECOMMENDATIONS FOR 1989'1-J AND 1990 A -C OPEN SPACE /TIMBER AND OPEN SPACE /OPEN SPACE APPLICATIONS (AB90 -162) Laidlaw reported five applications for Open Space were reviewed. Rainey and Webb had no special benefits so were denied. The others Watts, Vander Houwen and Crutcher were approved. Luke had withdrawn his application. LAIDLAW MOVED TO DENY RAINEY AND WEBB. Motion carried unanimously. LAIDLAW MOVED WATTS, CRUTCHER AND VANDER HOUWEN BE APPROVED. Minutes, 5/8/90, Page 6 Motion carried unanimously. LAIDLAW MOVED THE RESOLUTION RELATED TO OPEN SPACE APPOINTMENTS BE APPROVED. Motion carried unanimously. INTRODUCTION OF RESOLUTIONS AND ORDINANCES C *CONSENT ITEMS) 1. RESOLUTION DIRECTING THE TREASURER TO NOT SELL CERTIFICATES OF DELINQUENCY FOR 1989 AND /OR PRIOR YEARS REAL PROPERTY TAXES (AB90 -161) Warner reported for Finance and explained this issue. It is no longer beneficial to sell the certificates of delinquency and better to retain the property and assess the buyer when a sale occurs. Finance recommended an amendment in the title to delete "1989 and /or prior years" and add "until further notice" after real property taxes. There was a change on line 17 to delete "1989 and /or prior years" and add after real property taxes "until further notice." WARNER MOVED TO AMEND THE RESOLUTION AS STATED ABOVE. Motion carried unanimously. WARNER -MOVED THE RESOLUTION BE APPROVED. Motion carried unanimously. 2 *ORDINANCE TO REVISE THE 1990 EQUIPMENT RENTAL AND REVOLVING FUND BUDGET (AB90 -163) 3. *ORDINANCE AMENDING THE ... ZONING ORDINANCE ... TO MODIFY ... RESORT COMMERCIAL AND GATEWAY . INDUSTRIAL SIGN REGULATIONS, AND... TO INCLUDE ADDITIONAL RESTRICTIONS ON OFF - PREMISE ADVERTISING SIGNS (AB90 -164) 4. *ORDINANCE AMENDING THE CHERRY POINT - FERNDALE SUBAREA COMP PLAN MAP ... AND THE OFFICIAL ... ZONING MAP ... FROM RURAL RESIDENTIAL ONE DWELLING UNIT PER ACRE TO URBAN RESIDENTIAL FOUR DWELLING UNITS PER ACRE FOR APPROXIMATELY 17 ACRES ON THE NORTH SIDE OF WEST SMITH ROAD, APPROXIMATELY ONE -HALF MILE EAST OF THE SMITH ROAD /I -5 INTERSECTION Items 2 through 4 will be referred to the appropriate committees. Minutes, 5/8/90, Page 7 VANDERPOL MOVED TO SUSPEND RULES AND OPEN NOMINATIONS TO APPOINT A MEMBER TO THE TECHNICAL COMMITTEE. Motion carried 5 -2 with Imhof and Laidlaw against. VANDERPOL MOVED BOB MOORE BE APPOINTED. WARNER MOVED THE NOMINATIONS CLOSE. Motion to close nominations carried with Jackson against. Motion carried to appoint Moore with Laidlaw, Imhof and Jackson against. Meeting adjourned 7:56 p.m. ATTEST: WASHINGTON A ara Maher, Cou Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY,